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* Please be advised that our offices are currently closed to the general public, should you have any immigration or nationality enquires please email immigration@gba.gov.gg *

For these purposes British citizen includes other Commonwealth citizens who have the Right of Abode in the United Kingdom. The Immigration Acts regulate the entry and stay of all foreign nationals and Commonwealth citizens to some degree.

EU/EEA/SWISS Settlement Scheme

When the UK leaves the EU the rights of EU/EEA/Swiss citizens will change. The UK and the EU have agreed that your current rights will continue until 31 December 2020. If you want to stay in the Bailiwick of Guernsey beyond then, you need to apply under the EU/EEA/SWISS Settlement Scheme. This allows you and your family members to continue to live and work in the Bailiwick of Guernsey. It means you will continue to have ongoing rights to healthcare, work arrangements and access to benefits and public services as you do now. The Population Management Law which operates in Guernsey, and any domestic laws controlling employment and residence in place in Alderney and Sark will continue to apply as now. There may be different arrangements for those arriving after 29 March 2019. The Scheme will still be open regardless of whether the UK leaves the EU with or without a deal.

Citizens of Iceland, Liechtenstein and Norway, which together with the EU forms the EEA, and Switzerland. You can view information on the settlement scheme and and how to apply for settled status via the application form and guidance notes in the downloads section on this page.

APPLICATIONS CAN BE MADE IN PERSON FROM MONDAY 01 APRIL 2019 AT THE IMMIGRATION & NATIONALITY DIVISION OF THE GUERNSEY BORDER AGENCY, NEW JETTY, WHITE ROCK, ST PETER PORT, GUERNSEY, GY1 2LL.

If you have settled status, also known as indefinite leave to remain, this means there is no time limit on how long you can stay in the Bailiwick of Guernsey. EU/EEA/Swiss citizens who have been granted settled status will have the same access to work, healthcare, pensions and other benefits in the Bailiwick of Guernsey according to the same rules as now.

If you leave the Bailiwick of Guernsey, UK, Jersey or the Isle of Man, and return within five years, you can enter the Bailiwick of Guernsey and continue to live here.

If you are absent from the Bailiwick of Guernsey, UK, Jersey or the Isle of Man for more than five consecutive years, your settled status will expire.

If you have a child born in the Bailiwick of Guernsey and you are settled here, that child will be a British Citizen.

Settled status will run alongside any rights you have as an EU/EEA/Swiss citizen under the EU Free Movement Directive, until 31 December 2020.

Pre-Settled status (Limited Leave to Remain)

If you have pre-settled status, also known as limited leave to remain, this means that you can stay in the Bailiwick of Guernsey for a period of five years. This will allow you to remain in the Bailiwick of Guernsey until you are eligible for settled status, generally once you have lived continuously in the Bailiwick of Guernsey for five years. EU /EEA/Swiss citizens who have pre-settled status will have the same access to work, healthcare, pensions and other benefits in the Bailiwick of Guernsey according to the same rules as now. Pre-settled status will run alongside any existing rights you have as an EU/EEA/Swiss citizen under the EU Free Movement Directive, until 31 December 2020.

Close Family Member

A close family member is a spouse, civil partner, unmarried partner, dependant child, dependant grandchild, dependant parent or dependant grandparent. A family member can come from anywhere in the world and does not need to be from the EU/EEA/Switzerland. British family members do not need to apply.

Continuous Residence

You will need to have been continuously resident in the Bailiwick of Guernsey, UK, Jersey or the Isle of Man for five consecutive years (less in some circumstances) to be eligible to get settled status straightaway. If you have been continuously resident in the Bailiwick of Guernsey, UK, Jersey or the Isle of Man for less than five years you will be eligible for pre-settled status which allows you to stay in the Bailiwick of Guernsey, generally until you have reached the five years needed to be eligible for settled status. If your continuous residence has been broken, time spent in the Bailiwick of Guernsey, UK, Jersey or the Isle of Man before the time it was broken cannot be counted.

Continuous residence generally means that -over five consecutive years- you have not been outside the Bailiwick of Guernsey, UK, Jersey or the Isle of Man for more than six months in total, in any 12 month period. There is no restriction on the number of times you can be outside the Bailiwick of Guernsey, provided that the total time outside the Bailiwick of Guernsey is not more than six months, in any 12 month period.

There are some exceptions. You can have a single absence from the Bailiwick of Guernsey for no more than 12 months if it is for an important reason, such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting for work. Continuous residence is broken of you have been subject to a deportation order, exclusion order or exclusion decision. It can also be broken by periods of imprisonment. Any period outside the Bailiwick of Guernsey on compulsory military service is allowed.

Implementation Period

The implementation period will run from the planned date the UK leave the EU on 29 March until 31 December 2020. This will enable the Bailiwick of Guernsey and the EU, businesses and public services to put in place the new arrangements required. The rights of EU/EEA/Swiss citizens will remain unchanged throughout the implementation period, provided that they were resident in the Bailiwick of Guernsey, UK, Jersey or the Isle of Man by 31 December 2020, inline with the draft Withdrawal Agreement.

The EU/EEA/SWISS Settlement Scheme is now fully open and applications will be accepted until 30 June 2021.

Nationals of other countries (including Stateless)

Nationals of other countries require permission to enter and / or stay in the Bailiwick. This is known as "leave to enter" or "leave to remain" and is granted to persons who qualify under the Immigration Rules. The Rules set out the requirements for people seeking to enter or stay in the Bailiwick of Guernsey. The Rules also set out grounds for refusing entry or stay and for deportation.

Other Bailiwick Laws

Please note that there are additional separate laws, other than the Immigration Acts, which apply in the separate islands of the Bailiwick which restrict the occupation of dwellings and / or employment.

Immigration Rules - General

The Guernsey Immigration Rules make provision as to the practice to be followed in the administration of the Immigration Acts 1971, 1988 and 1999 as extended to the Bailiwick of Guernsey.

The Rules regulate entry into and the stay in the Bailiwick of Guernsey of Commonwealth citizens, British protected persons, nationals of member states of the European Economic Area and Switzerland, nationals of foreign states outside the European Economic Area and stateless persons.

The Rules are made by the States of Guernsey Home Department with the concurrence of His Excellency the Lieutenant Governor and can be found in the downloads section of this page.

Immigration Rules - Children

You can bring your child to The Bailiwick of Guernsey to live with you if you can show that:

You currently live and are lawfully settled in the Bailiwick of Guernsey i.e. with no time limit on your stay

You have adequate accommodation where you can all live without help from public funds

You are the child's parent or have parental responsibility

I am not settled in the Bailiwick of Guernsey so can I still bring my child to the Bailiwick of Guernsey?

If you are here in another immigration category it may be possible for your child to join you. For further information please contact the Immigration and Nationality Section.

How can my child qualify to join me in the Bailiwick of Guernsey?

Your child must show that:

They are not leading an independent life, are not married and have not formed an independent family unit

They are under the age of 18 years

Important - Children cannot normally come to live in Bailiwick of Guernsey if one parent is living abroad, unless the parent here has sole responsibility for the child, or if there are serious reasons why the child must be allowed to come here.

Your child must get a visa / entry clearance before they travel to Bailiwick of Guernsey.

How long can my child stay?

If both you and your husband or wife are settled here or you have sole responsibility for the child, they will normally be allowed to stay here permanently from the date they arrive.

If your child comes here with your husband or wife, they will normally be given permission to stay in Bailiwick of Guernsey for the same length of time as your husband or wife. If your husband or wife is allowed to stay here permanently, your child will normally be allowed to stay here permanently as well.

Can I bring an adopted child to the Bailiwick of Guernsey?

For Information on how an adopted child may be brought to the Bailiwick of Guernsey, please contact the Immigration and Nationality Section for advice regarding visas etc. Please note that the Immigration Section may seek the advice of the Services for Children & Young People Directorate of the States of Guernsey Health and Social Services Department.

I am a permanent resident here, and I wish to adopt a child from abroad, what should I do?

In the first instance you should contact the Services for Children & Young People Directorate;Perruque House,Rue de la Perruque,Castel, Guernsey.GY5 7NT,Tel: 01481 256923

When you have clarified the situation with the Services for Children & Young People Directorate, further information concerning visas may be obtained from the Immigration and Nationality Division.

Immigration Rules - Fiancé(e)s

You can apply to join your fiance(e) in the Bailiwick of Guernsey as long as:

They currently live and are settled in the Bailiwick of Guernsey

They are coming to live permanently in the Bailiwick of Guernsey.

What does "present and settled" mean?

'Settled' means being ordinarily resident in the Bailiwick of Guernsey without being subject to any time restriction imposed under the extended Immigration Acts on the period for which a person may remain in the Bailiwick.

"Present and settled" means that the person concerned is settled in the Bailiwick of Guernsey and, at the time your application is being considered under the Immigration Rules, is physically present in the Bailiwick of Guernsey or is coming here with you, or to join you and plans to live with you in the Bailiwick of Guernsey if your application is successful.

How do I qualify to join my fiancé(e) in the Bailiwick of Guernsey?

You must show that:

You plan to marry within a reasonable time (usually six months)

You plan to live together permanently after you are married

You have met each other before

There is somewhere for you and your dependants to live until you get married, and you will be able to live without help from public funds

You and your dependants can be supported without working or claiming any help from public funds.

You must show that you meet certain language requirements. You can read more about these language requirements in the download on this page.

You will be allowed to stay in the Bailiwick of Guernsey for six months but you will not be able to take employment of any sort.

When you are married, you can apply for a 30 month extension to your visa. Near the end of that period, if you are still married and intend to continue living together you will need to apply for a further 30 month extension to your permission to live here. You will be allowed to work throughout that 60 month period should you wish. After 60 months, and again provided you are still married and intend to continue living together, you will be able to apply to stay permanently in the Bailiwick of Guernsey; application can be made near the end of that 60 month period.

Can my children join me and my fiancé(e) in the Bailiwick of Guernsey?

Please see the above section "Immigration Rules Children" to read more about children who want to live in the Bailiwick of Guernsey.

Do I need a Visa / Entry Clearance?

You must get a Visa or Entry Clearance before you travel to the Bailiwick of Guernsey as a fiancé(e).

Immigration Rules - Unmarried partners

You can apply to join your unmarried partner in the Bailiwick of Guernsey as long as:

They currently live and are settled in the Bailiwick of Guernsey, or they are coming to live permanently in the Bailiwick of Guernsey

You are aged over 18 and your partner is over 18.

What does "present and settled" mean?

'Settled' means being ordinarily resident in the Bailiwick of Guernsey without being subject to any time restriction imposed under the extended Immigration Acts on the period for which a person may remain in the Bailiwick.

"Present and settled" means that the person concerned is settled in the Bailiwick of Guernsey and, at the time your application is being considered under the Immigration Rules, is physically present in the Bailiwick of Guernsey or is coming here with you, or to join you and plans to live with you in the Bailiwick of Guernsey if your application is successful.

How do I qualify to join my unmarried or same sex partner in the Bailiwick of Guernsey?

You and your unmarried or same sex partner must show that:

Any previous marriage or similar relationship, has permanently broken down

You have been living together in a relationship similar to marriage for two years or more

You have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds

You can support yourselves and any dependants without any help from public funds

You intend to live together permanently

Your partner is not under 18 years of age

You are not under 18 years of age

You meet certain language requirements. More information about these language requirements can be found in the download on this page.

Do I need a visa / Entry Clearance?

You must get a visa or Entry Clearance before you travel to the Bailiwick of Guernsey as an unmarried or same sex partner.

The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:

Official records of your address, such as your National Insurance card or health card.

At first, you will be allowed to stay and work in the Bailiwick of Guernsey for a period not exceeding 33 months. Near the end of that period, if you are still intend to continue living together as partners you will need to apply for a further 30 month extension to your permission to live here. After 60 months, again, provided you are still intend to continue living together as partners, you will be able to apply to stay permanently in the Bailiwick of Guernsey; application can be made near the end of that 60 month period.

Can my children join me and my unmarried or same sex partner in the Bailiwick of Guernsey?

Please see the above section "Immigration Rules Children" to read more about children who want to live in the Bailiwick of Guernsey.

Immigration Rules - Spouses

You can apply to join your Spouse in the Bailiwick of Guernsey as long as:

They currently live and are settled in the Bailiwick of Guernsey

They are coming to live permanently in the Bailiwick of Guernsey

How do I qualify to join my spouse in the Bailiwick of Guernsey?

You must show that:

You are legally married to each other

Your spouse is present and settled in the Bailiwick of Guernsey (see below)

You both intend to live together permanently as husband and wife

You have met each other before

Together you can support yourselves and any dependants without any help from public funds

You have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds

Your spouse is not under 18

You are not under 18

You meet certain language requirements. More information about language requirements can be found in the downloads on this page.

If your spouse has more than one wife or husband, only one will be allowed to join them in the Bailiwick of Guernsey.

At first, you will be allowed to stay and work in the Bailiwick of Guernsey for a period not exceeding 33 months. Near the end of that period, if you are still married and intend to continue living together you will need to apply for a further 30 month extension to your permission to live here. After 60 months, and again provided you are still married and intend to continue living together, you will be able to apply to stay permanently in the Bailiwick of Guernsey; application can be made near the end of that 60 month period.

The Immigration and Nationality Division will deal with your application to stay permanently and give you information on what you will need to do.

What does "present and settled" mean?

"Settled' means being ordinarily resident in the Bailiwick of Guernsey without being subject to any time restriction imposed under the extended Immigration Acts on the period for which a person may remain in the Bailiwick.

"Present and settled" means that the person concerned is settled in the Bailiwick of Guernsey and, at the time your application is being considered under the Immigration Rules, is physically present in the Bailiwick of Guernsey or is coming here with you, or to join you and plans to live with you in the Bailiwick of Guernsey if your application is successful.

Can my children join me and my husband, wife, in the Bailiwick of Guernsey?

Please see the above section "Immigration Rules Children" to read more about children who want to live in the Bailiwick of Guernsey.

Do I need a visa / Entry Clearance?

You must get a visa or Entry Clearance before you travel to the Bailiwick of Guernsey as a Spouse.

The rules for going to the Bailiwick of Guernsey are different if you or your spouse (your 'sponsor') is a national of another member state of the European Economic Area (EEA) or Switzerland. EEA members are the member states of the European Union, plus Iceland, Norway and Liechtenstein. Further information can be obtained from your nearest British mission overseas that offers a visa service.

Immigration Rules - Procedure for reviewing immigration decisions

The following explains the procedure for reviewing immigration decisions made in the Bailiwick of Guernsey and describes the procedure for reviewing those decisions. Not all immigration decisions will be reviewed. The criteria for such reviews are set out in the Immigration Rules document which can be found below.

All references to 'Division' in this document refer to the Immigration and Nationality Section of the Guernsey Border Agency.

Background

Decisions concerning the admission of foreign nationals to the Bailiwick of Guernsey are made by Immigration Officers acting under the provisions of the Immigration Act 1971, as extended to the Bailiwick by the Immigration (Guernsey) Order 1993 and the Immigration (Bailiwick of Guernsey) Rules 2008. Paragraph 1 (3) of schedule 2 to the Immigration Act 1971, as extended, states that Immigration Officers shall act in accordance with such directions as may be given them by the Lieutenant Governor, as respects the entry of persons into the Bailiwick and the period for which such persons may remain.

Certain immigration decisions may be subject to Judicial Review and the provisions of the Human Rights (Bailiwick of Guernsey) Law, 2000 apply to decisions made (see sub-paragraph 6 below).

The applicant will be informed in writing of the decision and the reasons for it. The applicant will also be advised whether the decision can be reviewed.

Provided the applicant who has requested a review has valid leave to enter or remain they may ask for a review of the decision whilst they are in Guernsey. Should their leave expire before a review is concluded, they will not be required to return abroad during the review process. In such cases temporary permission to remain will be granted to cover the review process.

Enforcement action to remove a person applying to have a review of an Immigration decision will not be suspended, and that review will be conducted whilst the applicant is outside the United Kingdom and Islands. This includes persons who no longer have valid leave to enter or remain or are otherwise unlawfully in the Bailiwick of Guernsey.

Immigration decisions which may be reviewed

Immigration decision may be reviewed if the applicant believes:

an immigration decision is not in accordance with the Rules; or

an immigration decision is otherwise not in accordance with the Law; or

if the immigration rules allowed the person who made the decision to exercise their own judgement on the circumstances of the case and their judgement should have been exercised differently.

The main types of reviews considered by the Division are against decisions to:

refuse a person entry, or entry clearance to, or leave to remain in, the Bailiwick of Guernsey for permanent settlement; or

refuse a person entry to the Bailiwick of Guernsey as the dependent of a work permit holder; or

refuse a person entry to the Bailiwick of Guernsey for a family visit.

For these purposes, family means:a) spouse, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece or first cousin*;b) father-in law, mother-in-law, brother-in-law or sister-in-law;c) stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister;d) spouse's son or daughter;e) a person with whom the family visitor has lived as a member of an unmarried couple for at least two of the three years before the day on which the application for entry clearance was made.

"First cousin" means the uncle's or aunt's son or daughter.

Immigration decisions which will not be reviewed

An Immigration decision will not be reviewed where the applicant:

is seeking to enter or stay in the Bailiwick of Guernsey as a visitor other than for a family visit as defined in 3.2 above;

is seeking to stay in the Bailiwick of Guernsey for a purpose other than one for which leave to enter or remain may be granted in accordance with the Rules;

does not satisfy a requirement of the Rules e.g. entry clearance, age or nationality requirement;

has failed to produce a valid national passport or other document satisfactorily establishing identity and nationality; or

is seeking to stay in the Bailiwick of Guernsey for a period greater than that permitted by the Rules;

is refused permission to take employment;

has a condition prohibiting employment attached to their leave to enter or remain; or

submitted an application to extend their stay or for permanent residence after their existing leave to enter or remain in the Bailiwick of Guernsey already expired.

Review Procedures

Any application for a review of an Immigration decision must be made in writing to the Assistant Chief Officer, Head of Borders, Immigration and Nationality Division, Guernsey Border Agency, White Rock, St Peter Port, Guernsey, GY1 2LL no later than 14 days from receipt of the letter advising of the Immigration decision. The Assistant Chief Officer will acknowledge receipt of a request for a review in writing and arrange for a review to be undertaken by a member of the Division's Senior Management team who was not involved with the original decision. The outcome of such a review will be provided to the applicant in writing, with the full reasons for the decision.

If the applicant is not satisfied with the outcome of a review conducted under paragraph 5.1 above, they may request that the application be referred to the Chief Officer of Law Enforcement for a review. The outcome of such a review will be provided in writing.

Should the applicant wish to seek leave to apply for Judicial Review, they are advised to contact an Advocate of the Royal Court of Guernsey.

If acting on behalf of an applicant, the Immigration and Nationality Division will need to be satisfied that the person requesting the review has written authority from the applicant to act on their behalf and for all relevant information to be disclosed in accordance with the provisions of The Data Protection (Bailiwick of Guernsey) Law, 2017.

Human Rights (Bailiwick of Guernsey) Law 2000

On 22 January 2001, the Human Rights (Bailiwick of Guernsey) Law, 2000 was registered in the Royal Court. The Law was brought into force on 1 September 2006 by virtue of the Human Rights (Bailiwick of Guernsey) Law, 2000 (Commencement) Ordinance, 2006.

The Human Rights Law incorporates provisions from the European Convention on Human Rights into Bailiwick Law. The Law makes it unlawful for a public authority to act incompatibly with the Convention rights and allows for a case to be brought in a Bailiwick court or tribunal against the authority if it does so. However, a public authority will not have acted unlawfully under the Law if, as the result of a provision of primary legislation, it could not have acted differently.

If the applicant considers that a decision made by the Division has breached their human rights then they are advised to seek legal advice.